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Bombay High Court Quashes FIR in Property Dispute Case Due to Civil Nature of Dispute. Allegations of Criminal Breach of Trust and Cheating Not Made Out as Dispute Pertained to Non-Payment of Rent Under Leave and License Agreement.

The applicants, Dr. Arun Kumar Barthakur and Basant Kumar Jain, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seekin...

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High Court of Karnataka Dismisses Petitioners' Challenge to Trial Court Orders in Suit for Possession. Court upholds refusal to reject plaint under Order VII Rule 11 CPC and appointment of commissioner under Order XXVI Rule 9 CPC to identify suit property.

The petitioners, S. Ramaiah, S. Siddappa, and S. Nanjappa, claimed to be owners of agricultural lands measuring 7 acres and 10 guntas in Nagarbhavi vi...

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Bombay High Court Hears Chamber Summons Filed by Defendant for Return of Plaint in Suit for Damages Under Lease Agreement. Application Seeks Transfer to Chennai Court Citing Exclusive Jurisdiction Clause; Court Also Considers Limitation and Cause of Action.

The matter pertained to a chamber summons filed by the defendant in a suit for damages. The defendant, Integrated Finance Co. Ltd., sought return of t...

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Supreme Court Dismisses Defendants' Appeal in Specific Performance Suit, Upholding Grant of Relief. Concurrent Findings on Validity of Agreement to Sell and Payment of Consideration Are Not Interfered With Under Article 136 of the Constitution of India, and Agreement Cannot Be Treated as Loan Document.

The dispute arose from an agreement to sell dated 11.02.2004, where Gurmeet Singh, predecessor-in-interest of the defendants, agreed to sell land to J...

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Bombay High Court Upholds Maintenance Tribunal's Order Declaring Gift Deeds Void Under Senior Citizens Act, 2007. Son's Failure to Provide Basic Amenities to Father Constitutes Neglect Under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The petitioner, Nitin Rajendra Gupta, challenged an order dated 31 October 2022 passed by the Maintenance Tribunal under the Maintenance and Welfare o...

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Bombay High Court Allows Secured Creditor's Writ Petition Against District Magistrate's Refusal to Assist Under Section 14 SARFAESI Act. District Magistrate Cannot Refuse Assistance on Grounds of Disputed Title or Pending Civil Suit.

The petitioner, SICOM Ltd., a financial corporation, had loaned Rs. 4 crores to M/s Sonaa Oil & Chemical Industries Ltd. Respondent No. 2 was a guaran...

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Bombay High Court Quashes Appointment of Court Commissioner in Land Dispute Without Issues Being Framed. Appointment of Commissioner under Order 26 Rule 9 CPC Held Premature When No Issues Framed and No Evidence Recorded.

The petitioners challenged an interlocutory order dated 26/02/2014 passed by the Joint Civil Judge, J.D., Washi, Dist. Osmanabad, below Exh.18 in RCS ...

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Bombay High Court Dismisses Society's Petition Challenging Mandatory Injunction in Favour of Flat Purchasers. Co-operative Housing Society Cannot Deny Membership to Purchasers from Developer Without Following Bye-Laws and Natural Justice.

The petitioner, Royal Manor Co-operative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging an ord...